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If you are a criminal defendant and you have an H1-B visa you should be aware that renewal of your H1-B visa is in jeopardy. President Trump has been cracking down on H1-B visa renewals over the past year. The current denial rate is now about 25% and this is double the rate of 13% under the Obama administration. The Trump administration rolled out the "Buy American and Hire American" pledge this year and is emphasizing hiring Americans, rather than approving or renewing H1-B visa's.

H1-B visa's are generally renewed every three years. Renewal or denial of a renewal application is no considered a "deportation proceeding." This means that criminal defendants that have an h1-B visa are denied H1-B Visa renewal very often. Under the Trump administration these criminal defendants are being denied visa renewal for many reasons. These reasons can include: 1) being convicted of a crime; 2) being accused of a crime; 3) being on probation; and 4) being convicted of DUI or crimes involving moral turpitude.

If you are an H1-B visa holder and you are accused of a crime it is essential to find an attorney that is familiar with this process. An accusation of domestic violence, sexual assault or DUI can make you ineligible for H1-B visa renewal and under the Trump administration this is more likely.